4. (1) Where a year or more has elapsed since the last proceeding in a cause or matter, the party who desires to
proceed shall give to every other party not less than 30 days notice of his intention to proceed.
(2) A summons on which no order was made shall not be reckoned as a proceeding for the purposes of this
provision.
5. Application to set aside or remit an award may be made at any time within six weeks after the award has been
made and published to the parties:
Provided that the Court or Judge in chambers may by order extend the said time either before or after it has
elapsed.
Order 23
The Undefended List
1. Whenever application is made to a court for the issue of a writ of summons in respect of a claim to recover a
debt, liquidated money demand or any other claim and the application is supported, by an affidavit setting forth
the grounds upon which the claim is based and stating that in the deponent's belief there is no defence thereto,
the Court shall, if satisfied that there are good grounds for believing that there is no defence thereto, enter the
suit for hearing in what shall be called the "Undefended List", and mark the writ of summons accordingly and
enter thereon a date for hearing suitable to the circumstances of the particular case.
2. There shall be delivered by the plaintiff to the registrar upon the issue of the writ of summons as aforesaid, as
many copies of the above-mentioned affidavit as there are parties against whom relief is sought, and the registrar
shall annex one such copy to each copy of the writ of summons or service.
3. (1) If the party served with the writ of summons and affidavit delivers to the registrar, not less than five days
before the day fixed for hearing, a notice in writing that he intends to defend the suit, together with an affidavit
disclosing a defence on the merit, the Court may give him leave to defend upon such terms as the
(2) Where leave to defend is given under this rule, the action shall be removed from the Undefended List and
placed on the ordinary Cause List; and the Court may order pleadings, or proceed to hearing without further
pleadings.
4. Where any defendant neglects to deliver the notice of defence and affidavit prescribed by rule 3(l) of this
Order or is not given leave to defend by the Court, the suit shall be heard as an undefended suit and judgment
given thereon, without calling upon the plaintiff to summon witnesses before the Court to prove his case
formally.
5. Nothing herein shall preclude the Court from hearing or requiring oral evidence, should it so think fit, at any
stage of the proceedings under rule 4 of this Order.
Order 24
Proceedings in Lieu of Demurrer
1. No demurrer shall be allowed.
2. Any party shall be entitled to raise by his pleading any point of law, and any points so raised shall be disposed
of by the Judge who tries the cause at or after the trial:
Provided that by consent of the parties, or by order of the Court or a Judge on the application of either party, it
may be set down for hearing and disposed of at any time before the trial.
3. If, in the opinion of the Court or a Judge, the decision of the point of law substantially disposes of the whole
action or of any distinct cause of action, ground of defence, set-off, counter-claim, or reply therein, the Court or
Judge may thereupon dismiss the action or make such other order therein as may be just.